Additional Guidance Material Regarding Amendments To The Marriage Act 1961.

Written by Claude Haiku 4.5 from the extracted text on 1 Mar 2026. It can miss or misread redacted and scanned pages. Check the source before relying on it.

This is guidance material (not legal advice) issued by the Attorney-General's Department clarifying mandatory procedural requirements under the Marriage Act 1961. From 12 June 2024, all authorised marriage celebrants—including Commonwealth-registered celebrants, ministers of religion, and state/territory officials—must meet separately and in person with each party to a marriage before solemnisation. The guidance explains that separate meetings establish "real consent," which remains the cornerstone of the Marriage Act. Consent is not real if obtained by duress (including psychological or emotional coercion), fraud, or if a party is mistaken about the other party's identity or the ceremony's nature, or lacks mental capacity. The guidance notes that separate meetings where consent concerns exist represent longstanding practice under existing guidelines, and that forcing someone into marriage is a criminal offence under section 270.7B of the Criminal Code Act 1995 (maximum 7 years imprisonment, or 9 years for aggravated offences). Timing is flexible provided meetings occur before solemnisation. No significant redactions are apparent in the excerpt provided.